How Do I Make A Paramedic Negligence Claim?
Do you want to know about the process of making a paramedic negligence claim? Negligence by a paramedic can fall into the category of medical negligence, which can also be referred to as clinical negligence. In this guide, we’ve provided information on whether or not you could be eligible to make a paramedic negligence claim.
You’ll also find examples of how a paramedic could be negligent, as well as information on how you can support a negligence claim of this kind. There’s also a section on how compensation is calculated, followed by how a solicitor could represent you on a No Win No Fee basis.
If you have any questions, then please do not hesitate to reach out and speak with our advisors. They are available at any time of the day or night. Not only can they provide you with free answers and guidance, but they can also tell you about the advantages of working with one of the No Win No Fee solicitors from our panel.
Read on for more, or get in touch using the contact details below:
- Call 020 3870 4868
- You can also talk to us about your claim online
- Alternatively, chat with us via the chat window in the corner
Select A Section
- How Do I Make A Paramedic Negligence Claim?
- Types Of Paramedic Neglect And Negligence
- Proving Breach Of Duty By Paramedics
- What Is The Average Medical Negligence Claim Payout?
- Could I Make A No Win No Fee Paramedic Negligence Claim?
- Related Resources For Claims For Medical Negligence
How Do I Make A Paramedic Negligence Claim?
A duty of care is owed to patients by all medical professionals. They must provide a service of reasonable skill and care. If this duty of care is not adhered to, then patients can be harmed avoidably. A paramedic negligence claim has certain criteria it must meet. If it doesn’t, then you won’t be able to make a claim for compensation. You’ll find the criteria below:
- Were you owed a duty of care? – Paramedics owe all of the people they attend to a duty of care. This is their responsibility as healthcare professionals. You need to be able to prove you were owed this duty when you were injured.
- Was this duty of care breached? – A breach of a duty of care occurs if a paramedic’s care does not meet the standard that is expected of them.
- Did the breach cause you harm? – The breach needs to have resulted in you experiencing harm that could have been otherwise avoided.
These 3 criteria are what form the basis of what is known as negligence in tort law.
Paramedic Negligence Claim Time Limits
It’s also important to be aware of the time limits involved when pursuing a paramedic negligence claim. The Limitation Act 1980 tells us that, generally, you must begin the process of claiming within 3 years of you experiencing the harm in question.
However, the Act does make exceptions to this time limit in certain circumstances. Get in touch with our advisors and find out more about when you could begin a claim outside of the typical 3-year timeframe.
Types Of Paramedic Neglect And Negligence
There are a few different ways a paramedic could potentially breach the duty of care they owe to you. In this section, we’ve provided you with a few different examples. However, the list below is not exhaustive.
- Incorrect resuscitation procedure techniques – CPR, for instance, can help save someone’s life if performed correctly. If it is required but not competently performed, then this could lead to the death of a patient that may have been avoided.
- Slow response times – The paramedics may not respond to the call immediately and without an acceptable reason as to why. This could mean that a patient’s condition deteriorates which could have been prevented.
- Misdiagnosis – A paramedic can be responsible for being able to identify if a patient needs urgent care and transport to the nearest accident and emergency department. If a paramedic fails to notice this, the patient could be left without the emergency treatment they need.
- Mishandling of a patient – For example, a paramedic could drop you when transporting you. This could make existing injuries worse, or cause new ones.
If you’ve been harmed due to a paramedic providing a poor standard of care, get in touch with our advisors today. They can tell you whether you’re eligible to make a claim for compensation.
Proving Breach Of Duty By Paramedics
Proving medical negligence compensation claims is an important stage in the process. Supporting your claim with quality evidence can contribute to the success of a medical negligence claim. Below, we have included a short list containing examples of evidence that it can be helpful to acquire.
- Your medical records – Information relating to your injuries and any treatment you receive should be contained within.
- Video footage – Depending on where you experienced harm, the incident may have been captured on CCTV. If the paramedics were called out to a road traffic accident in which you were injured, then the breach of duty may have been captured by a dashcam.
- Witness contact details – In case a witness statement is needed later on.
The Bolam Test can also be relevant for a paramedic negligence claim. This is when relevantly trained medical professionals assess whether the level of care that was provided was of the correct standard.
For more information on how to support a paramedic negligence claim, get in touch with our advisors today.
What Is The Average Medical Negligence Claim Payout?
There are two heads of claim when it comes to medical negligence compensation claims. The first is known as general damages. It’s calculated to account for the level of pain and suffering caused by the harm you’ve experienced.
When the appropriate amount is being arrived at, a publication called the Judicial College Guidelines (JCG) is amongst the resources that are utilised. It consists of compensation guideline brackets based on past cases that were successful in court.
We’ve included some figures from the latest edition of the JCG (2022) in the table below. However, it’s important to note that you should use them only as a rough guide. Your own circumstances will dictate how much you receive, and so your claim needs to be specifically assessed before an accurate valuation of your general damages payment can be made.
Example Figures From The JCG
Injury | Description | Amount Guidance |
---|---|---|
Paralysis | (a) Tetraplegia – Although other factors will be considered, the level of the claimant’s pain will be taken into account, as well as how responsive they are to their surroundings. | £324,600 to £403,990 |
Brain damage | (b) Moderately severe – Very serious diability will be a result of the injury, leaving the claimant substantially dependant on professionals. | £219,070 to £282,010 |
Bowels | (d) Severe abdominal injury causing impairment of function and often necessitating temporary colostomy. | £44,590 to £69,730 |
Kidney | (c) One kidney is lost, but the other is undamaged. | £30,770 to £44,880 |
Bladder | Complete recovery but some fairly long-term interference with natural function. | £23,410 to £31,310 |
Digestive System | Serious but short-lived illness, diarrhoea, and vomiting with discomfort and disturbance of bowel function and impact on sex life. | £9,540 to£19,200 |
Arm | Fractures that are simple in nature to the forearm. | £6,610 to £19,200 |
Less Severe Leg Injuries (iii) | Simple fractures of the tibia or fibula where there are some ongoing minor symptoms. | Up to £11,840 |
How Special Damages Work
There is another head of claim that you could be owed as part of a paramedic negligence claim. It’s called special damages. This is when you could be reimbursed for losses and costs caused by the harm you’ve experienced. Examples can include:
- Care at home.
- Travel costs.
- Loss of earnings.
- Walking aids.
- Adaptations to your home.
Evidence can be presented to support this area of your claim. Payslips and receipts are good examples of this. Get in touch for more examples and information.
Could I Make A No Win No Fee Paramedic Negligence Claim?
When making a claim for paramedic neglect, you could do so with the help of a No Win No Fee solicitor from our panel. The form of No Win No Fee deal that they offer their clients is called a Conditional Fee Agreement (CFA). This means that you have the ability to access their legal services without paying anything upfront.
Your solicitor would then take a legally capped percentage from your compensation if your claim succeeds. This is known as a success fee. It’s not taken should your claim fail.
Get In Touch Today
Start the process of making a paramedic negligence claim today. Get in touch with our advisors for free advice and guidance. Once they know more about your circumstances; they could connect you with a No Win No Fee solicitor from our panel. However, you have no obligation to begin a claim once you have spoken with our advisors.
- Call 020 3870 4868
- You can also talk to us about your claim online
- Alternatively, chat with us via the chat window in the corner
Related Resources For Claims For Medical Negligence
We hope you now have a better understanding of how to make a paramedic negligence claim. We’ve included some links below that will take you to additional resources that we think you may find helpful.
More guides from us:
- Can I claim for the misdiagnosis of a stroke? – Read our guide on this specific kind of claim.
- Medical negligence claims for delays in treatment – This article should help you understand your claim eligibility in this instance.
- First aid negligence compensation claim – Find out if you could be owed compensation.
Information from other sources:
- Litigation friends – Read about appointing someone to claim on behalf of another.
- Legal jargon explained – Certain legal terms can be confusing. Find out what some of them mean by reading this guide by the Solicitors Regulation Authority (SRA).
- Pre-action protocol for the resolution of clinical disputes – Information from the government.